83_FR_27796 83 FR 27681 - Rules of Practice and Procedure Governing Marketing Orders and Marketing Agreements, and Research, Promotion, and Information Programs

83 FR 27681 - Rules of Practice and Procedure Governing Marketing Orders and Marketing Agreements, and Research, Promotion, and Information Programs

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 83, Issue 115 (June 14, 2018)

Page Range27681-27683
FR Document2018-12722

This rule amends the Rules of Practice governing Marketing Orders and Marketing Agreements (MOMA), and Research, Promotion, and Information (R&P) programs overseen by the U.S. Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) to include a definition of the term ``mail''. It also modifies an authority citation to ensure all appropriate authorities are included.

Federal Register, Volume 83 Issue 115 (Thursday, June 14, 2018)
[Federal Register Volume 83, Number 115 (Thursday, June 14, 2018)]
[Rules and Regulations]
[Pages 27681-27683]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12722]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules 
and Regulations

[[Page 27681]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 900 and 1200

[Document Number AMS-SC-18-0007]


Rules of Practice and Procedure Governing Marketing Orders and 
Marketing Agreements, and Research, Promotion, and Information Programs

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule amends the Rules of Practice governing Marketing 
Orders and Marketing Agreements (MOMA), and Research, Promotion, and 
Information (R&P) programs overseen by the U.S. Department of 
Agriculture's (USDA) Agricultural Marketing Service (AMS) to include a 
definition of the term ``mail''. It also modifies an authority citation 
to ensure all appropriate authorities are included.

DATES: Effective Date: June 14, 2018.

FOR FURTHER INFORMATION CONTACT: Stacy Jones King, Agricultural 
Marketing Specialist, Specialty Crops Program, AMS, USDA, 1400 
Independence Avenue SW, STOP 0244, Washington, DC 20250-0244; 
Telephone: (202) 720-9915, Fax: (202) 205-2800; or email: 
[email protected].

SUPPLEMENTARY INFORMATION: This final rule is issued under the Rules of 
Practice governing MOMA (7 CFR part 900) and R&P (7 CFR part 1200) 
overseen by USDA's AMS to include a definition of the term ``mail''. 
Currently, MOMA and R&P regulations generally use the term ``mail'' but 
do not define it. This action creates a definition of ``mail'' that 
clarifies that it includes not only transmittal of information through 
a postal or other delivery system, but also through electronic mail. 
Without this broader definition of mail, the business activities of the 
boards, councils, and committees that administer the programs under AMS 
oversight, as well as federal milk marketing order administrative 
activities, will be restricted to using the traditional system of 
physical transportation of letters and parcels.
    USDA believes that an expansive definition of ``mail'' will create 
greater effectiveness and cost savings for MOMA and R&P programs. This 
aligns with the Secretary's goal for greater use of technology in the 
Department to deliver the most effective, efficient and customer-
focused programs. For this reason, USDA is amending the regulations at 
7 CFR part 900 and 7 CFR part 1200 to reflect ``mail'' as both 
electronic mail and postal (or otherwise delivered) mail. One of the 
first initiatives under this amendment is to allow for electronic 
voting as an option in required implementation and continuance 
referenda on R&P programs.
    In addition, this rule will further modify authority citations for 
7 CFR part 1200 to correct the current citations as some authority 
cites are not currently included.

Executive Orders 12866, 13563, and 13771

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules and promoting flexibility. 
This action falls within a category of regulatory actions that the 
Office of Management and Budget (OMB) exempted from Executive Order 
12866 review. Additionally, because this rule does not meet the 
definition of a significant regulatory action it does not trigger the 
requirements contained in Executive Order 13771. See OMB's Memorandum 
titled ``Interim Guidance Implementing Section 2 of the Executive Order 
of January 30, 2017, titled `Reducing Regulation and Controlling 
Regulatory Costs' '' (February 2, 2017).

Executive Order 13175

    This action has been reviewed in accordance with the requirements 
of Executive Order 13175, Consultation and Coordination with Indian 
Tribal Governments. The review reveals that this regulation will not 
have substantial and direct effects on Tribal governments and will not 
have significant Tribal implications.

Executive Order 12988

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. It is not intended to have retroactive effect. 
This rule will not preempt any State or local laws, regulations, or 
policies, unless they present an irreconcilable conflict with this 
rule.
    Section 11 of the Beef Promotion and Research Act of 1985 (7 U.S.C. 
2910) provides that it shall not preempt or supersede any other program 
relating to beef promotion organized and operated under the laws of the 
United States or any State. Section 524 of the Commodity Promotion, 
Research, and Information Act of 1996 (7 U.S.C. 7423) provides that it 
shall not affect or preempt any other Federal or State law authorizing 
promotion or research relating to an agricultural commodity.
    Section 121 of the Dairy Production Stabilization Act of 1983 (7 
U.S.C. 4512(a)) provides that nothing in this Act may be construed to 
preempt or supersede any other program relating to dairy product 
promotion organized and operated under the laws of the United States or 
any State.
    Section 1212(c) of the Hass Avocado Promotion, Research and 
Information Act of 2000 (7 U.S.C. 7811) provides that nothing in this 
Act may be construed to preempt or supersede any program relating to 
Hass avocado promotion, research, industry information, and consumer 
information organized and operated under the laws of the United States 
or of a State.
    Section 1930 of the Mushroom Promotion, Research, and Consumer 
Information Act of 1990 (7 U.S.C. 6109) provides that nothing in this 
Act may be construed to preempt or supersede any other program relating 
to mushroom promotion, research, consumer information or industry 
information organized and operated under the laws of the United States 
or any State.

[[Page 27682]]

    Section 580 of the Popcorn Promotion, Research, and Consumer 
Information Act (7 U.S.C. 7489) provides that nothing in this Act 
preempts or supersedes any other program relating to popcorn promotion 
organized and operated under the laws of the United States or any 
State.
    Section 1628 of the Pork Promotion, Research, and Consumer 
Information Act of 1985 (7 U.S.C. 4817) states that the statute is 
intended to occupy the field of promotion and consumer education 
involving pork and pork products and of obtaining funds thereof from 
pork producers. The regulation of such activity (other than a 
regulation or requirement relating to a matter of public health or the 
provision of State or local funds for such activity) that is in 
addition to or different from the Pork Act may not be imposed by a 
State.
    Additionally, section 1974 of the Soybean Promotion, Research, and 
Consumer Information Act (7 U.S.C. 6309) provides, with certain 
exceptions, that nothing in the Soybean Act may be construed to preempt 
or supersede any other program relating to soybean promotion, research, 
consumer information, or industry information organized under the laws 
of the United States or any State.
    According to the following authorizing acts, administrative 
proceedings must be exhausted before parties may file suit in court: 
Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601-674); 
Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 
7411-7425); Cotton Research and Promotion Act of 1966 (7 U.S.C. 2101-
2118); Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501-4514); 
Egg Research and Consumer Information Act of 1974 (7 U.S.C. 2701-2718); 
Fluid Milk Promotion Act of 1990 (7 U.S.C. 6401-6417); Hass Avocado 
Promotion, Research, and Information Act of 2000 (7 U.S.C. 7801-7813); 
Mushroom Promotion, Research, and Consumer Information Act of 1990 (7 
U.S.C. 6101-6112); Popcorn Promotion, Research, and Consumer 
Information Act of 1996 (7 U.S.C. 7481-7491); Pork Promotion, Research, 
and Consumer Information Act of 1985 (7 U.S.C. 4801-4819); Potato 
Research and Promotion Act of 1971 (7 U.S.C. 2611-2627); Soybean 
Promotion, Research, and Consumer Information Act (7 U.S.C. 6301-6311); 
and Watermelon Research and Promotion Act (7 U.S.C. 4901-4916).
    Under those acts, any person subject to an order may file a 
petition with the Secretary stating that the order, any provision of 
the order, or any obligation imposed in connection with the order is 
not in accordance with law and request a modification of the order or 
to be exempted therefrom. The petitioner is afforded the opportunity 
for a hearing on the petition. After the hearing, the Secretary will 
make a ruling on the petition. The acts provide that the district 
courts of the United States in any district in which the person is an 
inhabitant, or has his principal place of business, has the 
jurisdiction to review the Secretary's rule, provided a complaint is 
filed within 20 days from the date of the entry of the ruling. There 
are no administrative proceedings that must be exhausted prior to any 
judicial challenge under the provision of the Beef Promotion and 
Research Act of 1985 (7 U.S.C. 2901-2911).

Administrative Procedure Act, Regulatory Flexibility Act, and Paperwork 
Reduction Act

    This final rule establishes agency rules of practice and procedure. 
Under the Administrative Procedure Act (APA), prior notice and 
opportunity for comment are not required for the promulgation of agency 
rules of practice and procedure. 5 U.S.C. 553 (b)(3)(A). Only 
substantive rules require publication 30 days prior to their effective 
date. 5 U.S.C. 553 (d). Therefore, this final rule is effective upon 
publication in the Federal Register.
    Under 5 U.S.C. 804, this rule is not subject to Congressional 
review under the Small Business Regulatory Enforcement Fairness Act of 
1996, Public Law 104-121. In addition, because prior notice and 
opportunity for comment are not required to be provided for this final 
rule, this rule is exempt from the requirements of the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq. Furthermore, we have determined 
that the addition of a definition for the term ``mail'' to 7 CFR parts 
900 and 1200 will not impact the current information collection burden 
for approved OMB forms.

List of Subjects

7 CFR Part 900

    Administrative practice and procedure, Freedom of information, 
Marketing agreements, Reporting and recordkeeping requirements.

7 CFR Part 1200

    Administrative practice and procedure, Agricultural research, 
Reporting and recordkeeping requirements.

    Accordingly, 7 CFR parts 900 and 1200 are amended as follows:

PART 900--GENERAL REGULATIONS

Subpart G--Miscellaneous Requirements

0
1. The authority citation for part 900, subpart G, continues to read as 
follows:

    Authority: Sec. 10, 48 Stat. 37, as amended; 7 U.S.C. 610.


0
2. In Sec.  900.200, add paragraph (f) to read as follows:


Sec.  900.200  Definitions.

* * * * *
    (f) The term mail means to transmit either electronically or 
through a postal or other delivery system, information or a package 
(e.g., letter or envelope) to a recipient.
* * * * *

PART 1200--RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS 
UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS

0
3. The authority citation for part 1200 is revised to read as follows:

    Authority: 7 U.S.C. 2101-2119, 2611-2627, 2701-2718, 2901-2911, 
4501-4514, 4801-4819, 4901-4916, 6101-6112, 6301-6311, 6401-6417, 
7411-7425, 7481-7491, and 7801-7813.

0
4. Subpart C is added to read as follows:

Subpart C--General Definitions

Sec.
1200.100 General.
1200.101 Definitions.

    Authority: 7 U.S.C. 2114, 2616, 2716, 2904, 4503, 4803, 4905, 
6112, 6311, 6406, 7490, 7424 and 7812.


Sec.  1200.100  General.

    The terms defined/specified in this subpart shall apply to all 
research and promotion programs authorized under the Act.


Sec.  1200.101  Definitions.

    (a) Act means the Commodity Research, Promotion, and Information 
Act of 1996 [7 U.S.C. 7411-7425]; the Beef Promotion and Research Act 
of 1985 [7 U.S.C. 2901-2911]; the Cotton Research and Promotion Act, as 
amended [7 U.S.C. 2101-2119]; the Dairy Production Stabilization Act of 
1983 [7 U.S.C. 4501-4514]; the Egg Research and Consumer Information 
Act, as amended [7 U.S.C. 2701-2718]; the Fluid Milk Promotion Act of 
1990 [7 U.S.C. 6401-6417]; the Hass Avocado Promotion, Research, and 
Information Act of 2000 [7 U.S.C. 7801-7813]; the Mushroom Promotion, 
Research, and Consumer Information Act of 1990 [7

[[Page 27683]]

U.S.C. 6101-6112]; the Popcorn Promotion, Research, and Consumer 
Information Act [7 U.S.C. 7481-7491]; the Pork Promotion, Research, and 
Consumer Information Act [7 U.S.C. 4801-4819]; the Potato Research and 
Promotion Act, as amended [7 U.S.C. 2611-2627]; the Soybean Promotion, 
Research, and Consumer Information Act [7 U.S.C. 6301-6311]; and the 
Watermelon Research and Promotion Act, as amended, [7 U.S.C. 4901-
4916].
    (b) Mail means to transmit either electronically or through a 
postal or other delivery system, information or a package (e.g., letter 
or envelope) to a recipient.

    Dated: June 8, 2018.
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2018-12722 Filed 6-13-18; 8:45 am]
 BILLING CODE 3410-02-P



                                                                                                                                                                                             27681

                                             Rules and Regulations                                                                                          Federal Register
                                                                                                                                                            Vol. 83, No. 115

                                                                                                                                                            Thursday, June 14, 2018



                                             This section of the FEDERAL REGISTER                    councils, and committees that                          Executive Order 13175
                                             contains regulatory documents having general            administer the programs under AMS
                                             applicability and legal effect, most of which                                                                    This action has been reviewed in
                                                                                                     oversight, as well as federal milk
                                             are keyed to and codified in the Code of                                                                       accordance with the requirements of
                                                                                                     marketing order administrative                         Executive Order 13175, Consultation
                                             Federal Regulations, which is published under
                                             50 titles pursuant to 44 U.S.C. 1510.
                                                                                                     activities, will be restricted to using the            and Coordination with Indian Tribal
                                                                                                     traditional system of physical                         Governments. The review reveals that
                                             The Code of Federal Regulations is sold by              transportation of letters and parcels.                 this regulation will not have substantial
                                             the Superintendent of Documents.                           USDA believes that an expansive                     and direct effects on Tribal governments
                                                                                                     definition of ‘‘mail’’ will create greater             and will not have significant Tribal
                                             DEPARTMENT OF AGRICULTURE                               effectiveness and cost savings for                     implications.
                                                                                                     MOMA and R&P programs. This aligns
                                                                                                                                                            Executive Order 12988
                                             Agricultural Marketing Service                          with the Secretary’s goal for greater use
                                                                                                     of technology in the Department to                       This final rule has been reviewed
                                             7 CFR Parts 900 and 1200                                deliver the most effective, efficient and              under Executive Order 12988, Civil
                                                                                                     customer-focused programs. For this                    Justice Reform. It is not intended to
                                             [Document Number AMS–SC–18–0007]
                                                                                                     reason, USDA is amending the                           have retroactive effect. This rule will
                                             Rules of Practice and Procedure                         regulations at 7 CFR part 900 and 7 CFR                not preempt any State or local laws,
                                             Governing Marketing Orders and                          part 1200 to reflect ‘‘mail’’ as both                  regulations, or policies, unless they
                                             Marketing Agreements, and Research,                     electronic mail and postal (or otherwise               present an irreconcilable conflict with
                                             Promotion, and Information Programs                     delivered) mail. One of the first                      this rule.
                                                                                                     initiatives under this amendment is to                   Section 11 of the Beef Promotion and
                                             AGENCY:  Agricultural Marketing Service,                allow for electronic voting as an option               Research Act of 1985 (7 U.S.C. 2910)
                                             USDA.                                                   in required implementation and                         provides that it shall not preempt or
                                             ACTION: Final rule.                                     continuance referenda on R&P                           supersede any other program relating to
                                                                                                     programs.                                              beef promotion organized and operated
                                             SUMMARY:   This rule amends the Rules of                                                                       under the laws of the United States or
                                             Practice governing Marketing Orders                        In addition, this rule will further
                                                                                                                                                            any State. Section 524 of the
                                             and Marketing Agreements (MOMA),                        modify authority citations for 7 CFR
                                                                                                                                                            Commodity Promotion, Research, and
                                             and Research, Promotion, and                            part 1200 to correct the current citations
                                                                                                                                                            Information Act of 1996 (7 U.S.C. 7423)
                                             Information (R&P) programs overseen by                  as some authority cites are not currently
                                                                                                                                                            provides that it shall not affect or
                                             the U.S. Department of Agriculture’s                    included.
                                                                                                                                                            preempt any other Federal or State law
                                             (USDA) Agricultural Marketing Service                                                                          authorizing promotion or research
                                                                                                     Executive Orders 12866, 13563, and
                                             (AMS) to include a definition of the                                                                           relating to an agricultural commodity.
                                                                                                     13771
                                             term ‘‘mail’’. It also modifies an
                                                                                                                                                              Section 121 of the Dairy Production
                                             authority citation to ensure all                           Executive Orders 12866 and 13563                    Stabilization Act of 1983 (7 U.S.C.
                                             appropriate authorities are included.                   direct agencies to assess all costs and                4512(a)) provides that nothing in this
                                             DATES: Effective Date: June 14, 2018.                   benefits of available regulatory                       Act may be construed to preempt or
                                             FOR FURTHER INFORMATION CONTACT:                        alternatives and, if regulation is                     supersede any other program relating to
                                             Stacy Jones King, Agricultural                          necessary, to select regulatory                        dairy product promotion organized and
                                             Marketing Specialist, Specialty Crops                   approaches that maximize net benefits                  operated under the laws of the United
                                             Program, AMS, USDA, 1400                                (including potential economic,                         States or any State.
                                             Independence Avenue SW, STOP 0244,                      environmental, public health and safety                  Section 1212(c) of the Hass Avocado
                                             Washington, DC 20250–0244;                              effects, distributive impacts and equity).             Promotion, Research and Information
                                             Telephone: (202) 720–9915, Fax: (202)                   Executive Order 13563 emphasizes the                   Act of 2000 (7 U.S.C. 7811) provides
                                             205–2800; or email: Stacy.JonesKing@                    importance of quantifying both costs                   that nothing in this Act may be
                                             ams.usda.gov.                                           and benefits, reducing costs,                          construed to preempt or supersede any
                                             SUPPLEMENTARY INFORMATION:         This final           harmonizing rules and promoting                        program relating to Hass avocado
                                             rule is issued under the Rules of                       flexibility. This action falls within a                promotion, research, industry
                                             Practice governing MOMA (7 CFR part                     category of regulatory actions that the                information, and consumer information
                                             900) and R&P (7 CFR part 1200)                          Office of Management and Budget                        organized and operated under the laws
                                             overseen by USDA’s AMS to include a                     (OMB) exempted from Executive Order                    of the United States or of a State.
                                             definition of the term ‘‘mail’’. Currently,             12866 review. Additionally, because                      Section 1930 of the Mushroom
                                             MOMA and R&P regulations generally                      this rule does not meet the definition of              Promotion, Research, and Consumer
                                             use the term ‘‘mail’’ but do not define                 a significant regulatory action it does                Information Act of 1990 (7 U.S.C. 6109)
                                             it. This action creates a definition of                 not trigger the requirements contained                 provides that nothing in this Act may be
daltland on DSKBBV9HB2PROD with RULES




                                             ‘‘mail’’ that clarifies that it includes not            in Executive Order 13771. See OMB’s                    construed to preempt or supersede any
                                             only transmittal of information through                 Memorandum titled ‘‘Interim Guidance                   other program relating to mushroom
                                             a postal or other delivery system, but                  Implementing Section 2 of the Executive                promotion, research, consumer
                                             also through electronic mail. Without                   Order of January 30, 2017, titled                      information or industry information
                                             this broader definition of mail, the                    ‘Reducing Regulation and Controlling                   organized and operated under the laws
                                             business activities of the boards,                      Regulatory Costs’ ’’ (February 2, 2017).               of the United States or any State.


                                        VerDate Sep<11>2014   15:55 Jun 13, 2018   Jkt 244001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\14JNR1.SGM   14JNR1


                                             27682              Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules and Regulations

                                                Section 580 of the Popcorn                           not in accordance with law and request                 PART 900—GENERAL REGULATIONS
                                             Promotion, Research, and Consumer                       a modification of the order or to be
                                             Information Act (7 U.S.C. 7489)                         exempted therefrom. The petitioner is                  Subpart G—Miscellaneous
                                             provides that nothing in this Act                       afforded the opportunity for a hearing                 Requirements
                                             preempts or supersedes any other                        on the petition. After the hearing, the
                                             program relating to popcorn promotion                   Secretary will make a ruling on the                    ■ 1. The authority citation for part 900,
                                             organized and operated under the laws                   petition. The acts provide that the                    subpart G, continues to read as follows:
                                             of the United States or any State.                      district courts of the United States in                  Authority: Sec. 10, 48 Stat. 37, as
                                                Section 1628 of the Pork Promotion,                  any district in which the person is an                 amended; 7 U.S.C. 610.
                                             Research, and Consumer Information                      inhabitant, or has his principal place of              ■ 2. In § 900.200, add paragraph (f) to
                                             Act of 1985 (7 U.S.C. 4817) states that                 business, has the jurisdiction to review               read as follows:
                                             the statute is intended to occupy the                   the Secretary’s rule, provided a
                                             field of promotion and consumer                         complaint is filed within 20 days from                 § 900.200    Definitions.
                                             education involving pork and pork                       the date of the entry of the ruling. There             *      *     *    *      *
                                             products and of obtaining funds thereof                 are no administrative proceedings that                    (f) The term mail means to transmit
                                             from pork producers. The regulation of                  must be exhausted prior to any judicial                either electronically or through a postal
                                             such activity (other than a regulation or               challenge under the provision of the                   or other delivery system, information or
                                             requirement relating to a matter of                     Beef Promotion and Research Act of                     a package (e.g., letter or envelope) to a
                                             public health or the provision of State                 1985 (7 U.S.C. 2901–2911).                             recipient.
                                             or local funds for such activity) that is                                                                      *      *     *    *      *
                                             in addition to or different from the Pork               Administrative Procedure Act,
                                             Act may not be imposed by a State.                      Regulatory Flexibility Act, and                        PART 1200—RULES OF PRACTICE
                                                Additionally, section 1974 of the                    Paperwork Reduction Act                                AND PROCEDURE GOVERNING
                                             Soybean Promotion, Research, and                           This final rule establishes agency                  PROCEEDINGS UNDER RESEARCH,
                                             Consumer Information Act (7 U.S.C.                      rules of practice and procedure. Under                 PROMOTION, AND INFORMATION
                                             6309) provides, with certain exceptions,                the Administrative Procedure Act                       PROGRAMS
                                             that nothing in the Soybean Act may be
                                                                                                     (APA), prior notice and opportunity for
                                             construed to preempt or supersede any                                                                          ■  3. The authority citation for part 1200
                                                                                                     comment are not required for the
                                             other program relating to soybean                                                                              is revised to read as follows:
                                                                                                     promulgation of agency rules of practice
                                             promotion, research, consumer                                                                                    Authority: 7 U.S.C. 2101–2119, 2611–2627,
                                                                                                     and procedure. 5 U.S.C. 553 (b)(3)(A).
                                             information, or industry information                                                                           2701–2718, 2901–2911, 4501–4514, 4801–
                                                                                                     Only substantive rules require
                                             organized under the laws of the United                                                                         4819, 4901–4916, 6101–6112, 6301–6311,
                                                                                                     publication 30 days prior to their
                                             States or any State.                                                                                           6401–6417, 7411–7425, 7481–7491, and
                                                According to the following                           effective date. 5 U.S.C. 553 (d).                      7801–7813.
                                             authorizing acts, administrative                        Therefore, this final rule is effective                ■ 4. Subpart C is added to read as
                                             proceedings must be exhausted before                    upon publication in the Federal                        follows:
                                             parties may file suit in court:                         Register.
                                             Agricultural Marketing Agreement Act                       Under 5 U.S.C. 804, this rule is not                Subpart C—General Definitions
                                             of 1937 (7 U.S.C. 601–674); Commodity                   subject to Congressional review under
                                                                                                     the Small Business Regulatory                          Sec.
                                             Promotion, Research, and Information                                                                           1200.100     General.
                                             Act of 1996 (7 U.S.C. 7411–7425);                       Enforcement Fairness Act of 1996,                      1200.101     Definitions.
                                             Cotton Research and Promotion Act of                    Public Law 104–121. In addition,
                                                                                                     because prior notice and opportunity for                 Authority: 7 U.S.C. 2114, 2616, 2716, 2904,
                                             1966 (7 U.S.C. 2101–2118); Dairy
                                                                                                     comment are not required to be                         4503, 4803, 4905, 6112, 6311, 6406, 7490,
                                             Production Stabilization Act of 1983 (7                                                                        7424 and 7812.
                                             U.S.C. 4501–4514); Egg Research and                     provided for this final rule, this rule is
                                             Consumer Information Act of 1974 (7                     exempt from the requirements of the                    § 1200.100    General.
                                             U.S.C. 2701–2718); Fluid Milk                           Regulatory Flexibility Act, 5 U.S.C. 601,                The terms defined/specified in this
                                             Promotion Act of 1990 (7 U.S.C. 6401–                   et seq. Furthermore, we have                           subpart shall apply to all research and
                                             6417); Hass Avocado Promotion,                          determined that the addition of a                      promotion programs authorized under
                                             Research, and Information Act of 2000                   definition for the term ‘‘mail’’ to 7 CFR              the Act.
                                             (7 U.S.C. 7801–7813); Mushroom                          parts 900 and 1200 will not impact the
                                             Promotion, Research, and Consumer                       current information collection burden                  § 1200.101    Definitions.
                                             Information Act of 1990 (7 U.S.C. 6101–                 for approved OMB forms.                                  (a) Act means the Commodity
                                             6112); Popcorn Promotion, Research,                                                                            Research, Promotion, and Information
                                                                                                     List of Subjects
                                             and Consumer Information Act of 1996                                                                           Act of 1996 [7 U.S.C. 7411–7425]; the
                                             (7 U.S.C. 7481–7491); Pork Promotion,                   7 CFR Part 900                                         Beef Promotion and Research Act of
                                             Research, and Consumer Information                                                                             1985 [7 U.S.C. 2901–2911]; the Cotton
                                                                                                       Administrative practice and                          Research and Promotion Act, as
                                             Act of 1985 (7 U.S.C. 4801–4819); Potato
                                                                                                     procedure, Freedom of information,                     amended [7 U.S.C. 2101–2119]; the
                                             Research and Promotion Act of 1971 (7
                                                                                                     Marketing agreements, Reporting and                    Dairy Production Stabilization Act of
                                             U.S.C. 2611–2627); Soybean Promotion,
                                                                                                     recordkeeping requirements.                            1983 [7 U.S.C. 4501–4514]; the Egg
                                             Research, and Consumer Information
                                             Act (7 U.S.C. 6301–6311); and                           7 CFR Part 1200                                        Research and Consumer Information
                                                                                                                                                            Act, as amended [7 U.S.C. 2701–2718];
daltland on DSKBBV9HB2PROD with RULES




                                             Watermelon Research and Promotion
                                             Act (7 U.S.C. 4901–4916).                                 Administrative practice and                          the Fluid Milk Promotion Act of 1990 [7
                                                Under those acts, any person subject                 procedure, Agricultural research,                      U.S.C. 6401–6417]; the Hass Avocado
                                             to an order may file a petition with the                Reporting and recordkeeping                            Promotion, Research, and Information
                                             Secretary stating that the order, any                   requirements.                                          Act of 2000 [7 U.S.C. 7801–7813]; the
                                             provision of the order, or any obligation                 Accordingly, 7 CFR parts 900 and                     Mushroom Promotion, Research, and
                                             imposed in connection with the order is                 1200 are amended as follows:                           Consumer Information Act of 1990 [7


                                        VerDate Sep<11>2014   15:55 Jun 13, 2018   Jkt 244001   PO 00000   Frm 00002   Fmt 4700   Sfmt 4700   E:\FR\FM\14JNR1.SGM   14JNR1


                                                                Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules and Regulations                                          27683

                                             U.S.C. 6101–6112]; the Popcorn                          the Commodity Promotion, Research,                     provision, or obligation subject to
                                             Promotion, Research, and Consumer                       and Information Act of 1996 (1996                      challenge in the petition. The petitioner
                                             Information Act [7 U.S.C. 7481–7491];                   Act)(7 U.S.C. 7411–7425).                              will have the opportunity for a hearing
                                             the Pork Promotion, Research, and                                                                              on the petition. Thereafter, USDA will
                                                                                                     Executive Orders 12866, 13563, and
                                             Consumer Information Act [7 U.S.C.                                                                             issue a ruling on the petition. The 1996
                                                                                                     13771
                                             4801–4819]; the Potato Research and                                                                            Act provides that the district court of
                                             Promotion Act, as amended [7 U.S.C.                        Executive Orders 12866 and 13563                    the United States for any district in
                                             2611–2627]; the Soybean Promotion,                      direct agencies to assess all costs and                which the petitioner resides or conducts
                                             Research, and Consumer Information                      benefits of available regulatory                       business shall have the jurisdiction to
                                             Act [7 U.S.C. 6301–6311]; and the                       alternatives and, if regulation is                     review a final ruling on the petition, if
                                             Watermelon Research and Promotion                       necessary, to select regulatory                        the petitioner files a complaint for that
                                             Act, as amended, [7 U.S.C. 4901–4916].                  approaches that maximize net benefits                  purpose not later than 20 days after the
                                               (b) Mail means to transmit either                     (including potential economic,                         date of the entry of USDA’s final ruling.
                                             electronically or through a postal or                   environmental, public health and safety
                                                                                                     effects, distributive impacts and equity).             Background
                                             other delivery system, information or a
                                             package (e.g., letter or envelope) to a                 Executive Order 13563 emphasizes the                      This rule changes the assessment rate
                                             recipient.                                              importance of quantifying both costs                   computation under the Peanut
                                                                                                     and benefits, reducing costs,                          Promotion, Research, and Information
                                               Dated: June 8, 2018.
                                                                                                     harmonizing rules and promoting                        Order. Part 1216 is administered by the
                                             Bruce Summers,                                          flexibility. This action falls within a                Board with oversight by USDA. This
                                             Administrator, Agricultural Marketing                   category of regulatory actions that the                rule changes the basis for assessment
                                             Service.                                                Office of Management and Budget                        under the program from value to volume
                                             [FR Doc. 2018–12722 Filed 6–13–18; 8:45 am]             (OMB) exempted from Executive Order                    (per ton). Two rates of assessment are
                                             BILLING CODE 3410–02–P                                  12866 review. Additionally, because                    established instead of using the formula
                                                                                                     this rule does not meet the definition of              currently specified in this part. The
                                                                                                     a significant regulatory action it does                assessment rates will be $3.55 per ton
                                             DEPARTMENT OF AGRICULTURE                               not trigger the requirements contained                 for Segregation 1 peanuts and $1.25 per
                                                                                                     in Executive Order 13771. See OMB’s                    ton for lower quality Segregation 2 and
                                             Agricultural Marketing Service                                                                                 3 peanuts. This action was unanimously
                                                                                                     Memorandum titled ‘‘Interim Guidance
                                                                                                     Implementing Section 2 of the Executive                recommended by the National Peanut
                                             7 CFR Part 1216                                                                                                Board (Board) and will help facilitate
                                                                                                     Order of January 30, 2017, titled
                                             [Document Number AMS–SC–16–0115]                        ‘Reducing Regulation and Controlling                   program operations by providing a more
                                                                                                     Regulatory Costs’ ’’ (February 2, 2017).               predictable revenue stream for the
                                             Peanut Promotion, Research, and                                                                                Board. This rule also updates the
                                             Information Order; Change in                            Executive Order 13175                                  definition for fiscal year specified in the
                                             Assessment Rate Computation                               This final rule has been reviewed in                 part to reflect current practices.
                                                                                                     accordance with the requirements of                       The Peanut Promotion, Research, and
                                             AGENCY:  Agricultural Marketing Service,                                                                       Information Order regulations took
                                                                                                     Executive Order 13175, Consultation
                                             USDA.                                                                                                          effect in 1999. Under the regulations,
                                                                                                     and Coordination with Indian Tribal
                                             ACTION: Final rule.                                                                                            the Board administers a nationally-
                                                                                                     Governments. The review reveals that
                                             SUMMARY:    This rule changes the                       this rule will not have substantial and                coordinated program of promotion,
                                             assessment rate computation under the                   direct effects on Tribal governments and               research, and information designed to
                                             Agricultural Marketing Service’s (AMS)                  will not have significant Tribal                       strengthen the position of peanuts in the
                                             regulations regarding a national research               implications.                                          market place and to develop, maintain,
                                             and promotion program (program) for                                                                            and expand the demand for U.S.
                                                                                                     Executive Order 12988                                  peanuts.
                                             U.S. peanuts. This rule changes the
                                                                                                        In addition, this final rule has been                  Section 1216.48(m) provides authority
                                             basis for assessment under the
                                                                                                     reviewed under Executive Order 12988,                  for the Board to recommend to the
                                             regulations from value to volume (per
                                                                                                     Civil Justice Reform. It is not intended               Secretary amendments to the
                                             ton). Two rates of assessment are
                                                                                                     to have retroactive effect. Section 524 of             regulations as the Board considers
                                             established instead of using the formula
                                                                                                     the 1996 Act (7 U.S.C. 7423) provides                  appropriate.
                                             currently specified in the regulations.                                                                           Section 1216.51 specifies that the
                                                                                                     that it shall not affect or preempt any
                                             This rule also updates the definition for                                                                      funds necessary to pay for programs and
                                                                                                     other Federal or State law authorizing
                                             ‘‘fiscal year’’ specified in the regulations                                                                   other authorized costs shall be acquired
                                                                                                     promotion or research relating to an
                                             to reflect current practices.                                                                                  by levying assessments upon producers
                                                                                                     agricultural commodity.
                                             DATES: Effective Date: July 16, 2018.                      Under section 519 of the 1996 Act (7                in a manner prescribed by the Secretary.
                                             FOR FURTHER INFORMATION CONTACT:                        U.S.C. 7418), a person subject to an                   The assessments are collected by first
                                             Jeanette Palmer, Marketing Specialist,                  order may file a written petition with                 handlers from producers and remitted to
                                             Promotion and Economics Division,                       USDA stating that an order, any                        the Board no later than 60 days after the
                                             Specialty Crops Program, AMS, USDA,                     provision of an order, or any obligation               last day of the month in which the
                                             Stop 0244, 1400 Independence Avenue                     imposed in connection with an order, is                peanuts were marketed. Paragraph (c) of
                                             SW, Room 1406–S, Washington, DC                         not established in accordance with the                 that section currently states that
                                             20250–0244; telephone: (202) 720–9915;                  law, and request a modification of an                  assessments shall be levied based on
daltland on DSKBBV9HB2PROD with RULES




                                             facsimile: (202) 205–2800; or electronic                order or an exemption from an order.                   value at a rate of one percent of the
                                             mail: Jeanette.Palmer@ams.usda.gov.                     Any petition filed challenging an order,               price paid for all farmers stock peanuts
                                             SUPPLEMENTARY INFORMATION: This final                   any provision of an order, or any                      sold. As defined in § 1216.9, ‘‘farmers
                                             rule affecting the Peanut Promotion,                    obligation imposed in connection with                  stock peanuts’’ means picked or
                                             Research, and Information Order (order)                 an order, shall be filed within two years              threshed peanuts produced in the
                                             at 7 CFR part 1216 is authorized under                  after the effective date of an order,                  United States which have not been


                                        VerDate Sep<11>2014   15:55 Jun 13, 2018   Jkt 244001   PO 00000   Frm 00003   Fmt 4700   Sfmt 4700   E:\FR\FM\14JNR1.SGM   14JNR1



Document Created: 2018-06-14 01:38:54
Document Modified: 2018-06-14 01:38:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective Date: June 14, 2018.
ContactStacy Jones King, Agricultural Marketing Specialist, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0244, Washington, DC 20250-0244; Telephone: (202) 720-9915, Fax: (202) 205-2800; or email: [email protected]
FR Citation83 FR 27681 
CFR Citation7 CFR 1200
7 CFR 900
CFR AssociatedAgricultural Research; Administrative Practice and Procedure; Freedom of Information; Marketing Agreements and Reporting and Recordkeeping Requirements

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR